Conflict Resolution and Mediation Services

Last month, I had a client contact me because they needed a cost effective solution to a small dispute. Neither party wanted to walk away from the dispute but the cost of initial advice from a lawyer, let alone issuing proceedings, made it difficult to justify. They could have mediated through the Small Business Commission but didn't want to wait and didn't want to risk not achieving an agreement. So, I created a new process for the client. The basic process was as follows: 🥇Both parties entered an agreement to participate in a dispute resolution process and agree to enter a terms of settlement document at the end. If the parties can't reach an agreement, they agree that I will determine the outcome. 🥈Just as in a mediation, I spoke with each party about their perspective and concerns. Each party provided supporting materials when they signed the agreement. 🥉Based on the discussions, I indicated the core issues and the contributions by each side to why a dispute had arisen. 🏅I then met again with each party individually to test out a couple of solutions I was thinking of to see their reactions. 🏆I shared my finding with the parties which was incorporated into a terms of settlement that was digitally signed by each party. 🍾 Both parties walked away wishing I'd made a finding slightly more favourable to them but willing to live with my decision and grateful to have put the issue behind them. Would you be willing to hand over control of your small dispute to a dispute resolver to get closure of the dispute for a fraction of the cost of litigation? Read more about the solution in this article - https://zurl.co/aFrn #disputeresolution #anewway 

Arbitration. Mediation. Discovery Litigation. Same problem, three wildly different paths. Ever stood at a business crossroads wondering how to resolve a dispute without burning cash, trust, or time? Here’s the cheat sheet most execs don’t get until it’s too late: 🕊️ Mediation is like relationship therapy for your business problems. You talk it out. A neutral mediator helps you get real, cut through the noise, and (hopefully) shake hands by the end. No one forces anything—you decide together. Think: collaboration over confrontation. ⚖️ Arbitration is court without the courtroom. You skip the judge and jury, hire an arbitrator, and let them decide your fate. It’s private, a little quicker, and you usually can’t appeal—so make sure your side’s tight. Think: Vegas rules apply—what happens in arbitration stays in arbitration. 🔍 Discovery litigation? That’s war. Subpoenas. Depositions. Terabytes of email. 10,000 “RE: re: RE: reply all” threads. It’s long. It’s expensive. And sometimes, it’s absolutely necessary—especially when you need to expose the whole truth, hold people accountable, or protect precedent. Think: truth at all costs. So how do you choose? If you value speed, privacy, and flexibility—go with mediation or arbitration. But if you’re in a fight where the truth needs teeth? Welcome to discovery litigation. Just pack a lunch. It’s going to be a while. In business—and in life—it’s not just about winning the argument. It’s about choosing the right arena to solve it. #MHN IST Management #Leadership #eDiscovery #DisputeResolution #Litigation #Mediation #Arbitration #eDiscovery #LinkedInTopVoice #BusinessStrategy #LegalWisdom #ExecutivePerspective #Linkedinconnections #Linkedincommunity #AI

Pre-Law Suit Mediation is Growing Litigation is expensive, time-consuming, and often adversarial. As such, I’ve noticed more people turning to mediation as a way to resolve disputes early and cost-effectively—often before filing a lawsuit. Why is this becoming a trend? 1) Cost Savings: Mediation is far less expensive than prolonged litigation. 2) Time Efficiency: Cases that would take years in court can often be resolved in weeks or even days. 3) Preserving Relationships: Especially in business, employment, or family disputes, mediation fosters collaboration rather than confrontation. 4) Greater Control: Unlike litigation, where a judge or jury decides, mediation empowers the parties to craft their solutions. 5) Court Encouragement: Many courts now require or encourage mediation to ease caseloads and help parties resolve conflicts out of court. Mediation can be especially helpful in industries like construction, healthcare, employment, and intellectual property—where creative, customized solutions are often more effective than a win-or-lose court ruling. If you’re navigating a dispute, consider whether mediation before filing a lawsuit might work for your situation.

Mediation Tip #45 - Understanding why the other side is at the table reveals far more than their opening demand. Are they trying to avoid litigation costs? Do they need confidentiality? Are they under pressure from a client, partner, or court deadline? Asking why they’re negotiating helps you uncover their underlying interests—not just their positions. This insight can reshape the entire negotiation strategy. You may find that what seems like an impasse over money is actually driven by timing, reputation, or control. When you know what’s motivating the other side, you can craft proposals that meet their real needs while protecting your own. It also humanizes the process, reminding both parties that negotiation is not just about what you want, but why it matters. #Mediation #ADR #AlternativeDisputeResolution #ConflictResolution #DisputeResolution #LewisFeldman #insurance #AttorneyMediation

As a General Counsel, I have been involved in a number of commercial disputes- small, large, complex and even the mundane; and also, commercial disputes given the colour of criminality. I have come to believe that almost all commercial disputes can be resolved amicably, if all concerned parties acting fairly and transparently sit across the table and endeavor to find a balanced solution- with each party winning in the process. Unfortunately, this does not happen due to number of reasons, which may include: contracting terms especially scope/time-lines have become ambiguous due to dynamic situations leading to diverse interpretations and parties don’t want to find a middle path, own notions of justice or equity or simply have some wrong assumptions about their rights; vested interests, Ego of parties, incorrect advice obtained on the strength of the claim, a party wanting to delay execution/ payments by taking advantage of time-consuming process in Courts, etc The new Mediation Bill, 2023 as passed by Rajya Sabha in Aug 23, brings in a law to govern mediation- which was hitherto being done under court aegis. It aims to encourage pre-court mediation, so that parties may sort out their difference before approaching the time-consuming and expensive court proceedings; which will not only enable business but also reduce the huge workload of pending cases in Courts. More than 45 Million cases are pending in India Courts and introducing legislation backed mediation will definitely help this number from further spiraling upward. The mediation act supports the zeitgeist of these digital times including reducing the over-burdening of traditional dispute resolution process; promoting the institutionalization of Mediation, impetus to online mediation, encouraging mediation professionals and community mediation and above all- secures the enforcement of mediation settlement agreements. Mediation will be time-bound U/s 19; disclosures during the process will be confidential u/s 22; mediation settlement agreement will be enforced in the same manner as a Court judgement or a decree under CPC; grounds to challenge being limited u/s 28, which further lends credibility. It is high time that companies build mediation in all commercial contracts as the first line of resort in case of disputes. This in my opinion, will be truly beneficial not only from cost, business efficacy perspective but also long- term stakeholder management. Hence, before initiating a formal dispute- try Mediation and reap its benefits. Looking forward to the Bill finally becoming law once Presidential assent is granted.           Concluding in the following wise words: 'Justice Does Not Always Require Black Gowns & Elaborate Arguments, Future Belongs to Mediation': Former CJI NV Ramana  PS: views expressed are personal